USA, et al v. State of Washington, et al

Filing 21405

ORDER granting 21401 Motion for appointment of mediator concerning regional salmon management plan; this matter is referred to Judge Marsha Pechman for the purpose of conducting mediation by Judge Ricardo S Martinez.(RS) cc MJP

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 UNITED STATES OF AMERICA, et al. 9 Plaintiff(s), 10 11 12 13 Case No. C70-9213RSM v. STATE OF WASHINGTON, et al., ORDER DIRECTING MEDIATION AND APPOINTING A MEDIATOR CONCERNING REGIONAL SALMON MANAGEMENT PLAN Defendant(s) 14 15 16 This matter came before the Court on Motion of the United States and 18 Tribal Parties 17 (“Requesting Parties”) on a request to Appoint a Mediator and Direct Mediation. Dkt. #21,401. 18 The request was filed pursuant to Paragraph 25(b) of the United States v. Washington 19 Permanent Injunction of March 22, 1974, as revised by the Order Modifying Paragraph 25 of 20 Permanent Injunction, United States v. Washington, 18 F. Supp. 3d 1172, 1213 (W.D. Wash. 21 1993), to request that the court order mediation and appoint a mediator concerning the 22 development and adoption of a Regional Salmon Management Plan (RSMP). The Requesting 23 Parties have requested that the Court appoint a mediator to assist the Parties in negotiations 24 intended to lead to a Regional Salmon Management Plan (RSMP). 25 As required by Paragraph 25, a Meet and Confer was held on November 8, 2016, at the 26 Emerald Queen Casino, 5700 Pacific Highway E., Fife, Washington 98424, prior to the filing ORDER DIRECTING MEDIATION CONCERNING REGIONAL SALMON MANAGEMENT PLAN - 1 1 of this Request. The Court has been fully appraised of the purpose of the Meet and Confer and 2 the nature of the instant request. 3 4 Having considered the Request and the remainder of the record, the Court hereby finds and ORDERS: 5 1. The Motion for Appointment of Mediator (Dkt. #21,401) is GRANTED. 6 2. This matter is referred to the Honorable Marsha J. Pechman, United States 7 8 District Judge (the “Mediator”), for the purpose of conducting mediation; 3. The mediation shall be conducted pursuant to Paragraph 25, of the Permanent 9 Injunction in this case, United States v. Washington, 18 F. Supp. 3d 1172, 1213 10 (W.D. Wash. 1993), and Local Rule 39.1(C)(3)-(7), including the confidentiality 11 provisions of Local Rule 39.1(A)(6); 12 4. The Mediator shall fix a time and place for an initial mediation conference and 13 all additional sessions that are reasonable and convenient for the parties, and 14 shall determine with the assistance of the Requesting Parties who shall 15 participate in the mediation; 16 5. Once the mediation has concluded, the Mediator shall provide a status report to 17 the Court stating when the mediation occurred and whether the case is resolved; 18 and 19 6. The Clerk SHALL provide a copy of this Order to Judge Pechman. 20 21 DATED this 24th day of February 2017. A 22 23 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 ORDER DIRECTING MEDIATION CONCERNING REGIONAL SALMON MANAGEMENT PLAN - 2

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